Criminal Law - branch of public law which defines Degree of Proof Required in Crim Law

crimes, treats of their nature and provides for their

 Beyond Reasonable Doubt
punishment
 Preponderance of Evidence
Crime - an act comiited or omitted in violation of penal
law forbidding or commanding it Actors in a Crime

Felony - an act punishable by Revised Penal Code  Principal

 Accomplice
Offense - an act punishable by Special Penal Laws  Accessories
Mala In se - inherently wrong or evil, good faith can be a Principals
defense
 Principal by Direct Participation
Mala Prohibita - they are not inherently wrong or  Principal by Inducement
immoral  Principal by Indispensable Cooperation
Exception of Mala In Se and Mala Prohibita Direct Participation - those who take a direct part in the
ex. Plunder and Technical Malversation execution of the act

Not every criminal act, however, involves moral Inducement - those who directly force or induce others
turpitude. It is for this reason that "as to what crime to commit it
involves moral turpitude, is for the Supreme Court to Indispensable Cooperation - those who cooperate in the
determine" commission of the offense by another act without which
Technical Malversation - using public fund for public it would not have been accomplished
project but it is not allotted to it

Types of Felonies Accomplices - those persons who are not being included
Intentional Felony - an act or omission with malice or as principal, cooperated in the execution of the offense
deceit (dolo) by previous or simultaneous acts.

Culpable Felony - committed to fault (culpa)

Faults Under Culpable Felony (N.I.L.L.) Accessories - those who having knowledge of the
commission of the crime, and without having
Negligence participated therin , either as principals or accomplices
Imprudence by profiting themselves, assisting, and concealing.
Lack of Skill
Lack of Foresight Accessories who are exempt from CRIMINAL LIABILITY

The penalties prescribed for accessories shall not be

Stages of Execution of Felony imposed upon those who are such with respect;

Consummated - when all the elements necessary for its - spouces, ascendants, descendants, legitimate , natural,
execution and accomplishment are present and adopted brothers and sisters, or relatives by a
Frustrated - when the offender performs all the acts of affinity within the same degrees
execution which would produce the felony as a
consequence
Attempted - when the offender commences the Characteristics of Crim Law
commission of a felony directly by overt acts, and does
Generality - criminal law is binding on all persons who
not perform all the acts of execution
live or sojourn in the Philippines regardless of age, sex,
or nationality, crime, religion
Exceptions to the Generality Principle - when an information is filed in court
Information - a written accusation charging a person for
Principle of Public International Law violating Penal Law presented and signed by the
Treaty of Stipulations - enter to an agreement promoter or fiscal filed in court
Laws of Preferential Application P.O.I. (Person of Interest) - persons under custodial
investigation
Territoriality - criminal laws are applicable only if the Complaint - it is the sworn written statement charging a
crime is committed within the Philippine territory person of an offense
Complainant - a person who is the offended party, filling
Exceptions to the Territoriality Principle the information or the written information of a person
against whom the offense is committed.
Can be found in Article 2 of Revised Penal Code *The Complainant is not always the offended party
ARTICLE 2. Application of Its Provisions. — Except as
provided in the treaties and laws of preferential Offended Party - he who suffered the injury against
application, the provisions of this Code shall be whom the offense is committed
enforced not only within the Philippine Archipelago,
including its atmosphere, its interior waters and Two Kinds of Offended Party
maritime zone, but also outside of its jurisdiction,
against those who: Public Offended Party (State) - the real offended party
Private Offended Party - mere complaining witness,
1. Should commit an offense while on a Philippine ship witness of the state
or airship;
Civil Liability - the liability sought to be recovered in a
2. Should forge or counterfeit any coin or currency note civil action deemed instituted with the criminal case.
of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands; Sources of Crim Law

3. Should be liable for acts connected with the 1. RPC - took effect on Jan. 1, 1932 based on Act. No.
introduction into these islands of the obligations and 3815 firstly known as the Codigo Penal of Spania
securities mentioned in the preceding number; 2. SPL - penal laws that are not included in RPL, has
higher penalty and it is made by the Congress
4. While being public officers or employees, should 3. Presidential Decree - it was made by the time of late
commit an offense in the exercise of their functions; or Marcos Sr.
4. Executive Order - made by the time of late Corazon
5. Should commit any of the crimes against national Aquino
security and the law of nations, defined in Title One of
Book Two of this Code.

Prospectivity Principle (look forward/onwards) -

criminal law cannot make an act punishable in a manner
in which it was not punishable when committed.

The Difference between Jail and Prison

Jail - is where a person convicted not more than 6
crimes
Prison - it is where a person convicted more than 6
years up to lifetime

Conspiracy - done by two or more persons, the act of

one is the act of all
Accused - a person formally charged in court for having
violated a penal law
When is a person considered as an accused?